The purpose of this e-mail is to advise that, last week Momentous.ca, owner of Rapidz Sports and minority owner in Ottawa Pro Baseball Inc. (OPBI), filed a new action against the City by way of a Counterclaim in connection with its litigation defence of a previous claim filed by Miles Wolff, majority owner in OPBI.

As Members of Council may recall, on March 15th, 2012, the Supreme Court of Canada dismissed the appeal by Momentous.ca Corporation, Rapidz Baseball Club Inc. and Zip.ca Inc. against the City of Ottawa and Canadian American Association of Professional Baseball Ltd., Inside the Park, LLC, Miles Wolff, Greg Lockard, Dan Moushon and Bruce Murdoch.

In 2009, Mr. Wolff had commenced a separate action against Momentous.ca and Zip.ca to recover monies he claimed were owed to him under guarantees given to him pursuant to the terms of a letter agreement of May 2008 entered into between the parties. The guarantees were in respect of payment of the rent at the Ottawa Stadium by Mr. Wolff when Rapidz failed to pay the rent, and the repayment of the shareholders loans made by Mr. Wolff (on behalf of the Rapidz) to Ottawa Pro Baseball Inc., the entity which originally had a lease agreement with the City for the use of the Ottawa Stadium.

Momentous.ca has now filed a Counterclaim against the City re-stating their claim which was previously dismissed by all levels of the courts in Ontario and the Supreme Court of Canada. I am of the opinion that, by the Counterclaim, Momentous.ca is attempting to re-litigate all the issues that the courts dismissed in the previous action.

As such, we anticipate relying on the previous decisions of those courts and the decision of the Supreme Court in defending the Counterclaim.